IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC-122/2014 .
Date of Filing: 04.09.2014. Date of Final Order: 18.02.2015.
Complainant: Sukchand Mondal, S/O Late Janap Mondal, Vill. Hoglar Dair, P.O.&P.S. Jalangi,
Dist. Murshidabad. Rep. by –Muktar Hassain, S/O Sukchand Mondal.
-Vs-
Opposite Party: Station Superintendant, Jalangi Electric Office at Jalangi, WBSEDCL,
P.O.&P.S. Jalangi, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya- Presiding Member.
The complaint u/S 12 of C.P. Act, 1986 has been filed by the complainant praying for rectification of the erroneous disputed bill amounting to Rs.1258 showing total consumption of 380 units and thereafter the bills for the periods April to December, 2013 total consumption was 833 units on an average of 259 units up to 27.3.14 and such total consumption of electric energy units is much less than 150 units per month.
Thereafter, the OP sent another bill for the months April, May and June, 2014 showing total consumption of 900 units which is absolutely illegal, contradictory with the previous reading.
Again, the OP sent another bill for the month of July to September, 2014 showing total consumption of 3417 units which is absolutely illegal and unjustified. The complainant submitted written objection against such exorbitant, excessive bills but the OP turned down his prayer. Hence, this instant complaint.
The written version filed by the OP-WBSEDCL, in brief, is that the OP has denied the complaint because after receiving the complaint the OP visited the premises of the complainant and an inspection of the meter of the complainant was held and it was found O.K. Reading of the meter is according to consumption. There were no laches on the part of the OP. Hence, the instant written version.
Considering the pleadings of both parties the following points have been framed for consideration:-
- Whether the case is maintainable in law and fact?
- Whether the complaint is a consumer under the C.P. Act, 1986?
- Whether there is any cause of action to file the present complaint?
- Whether the complainant is entitled to get the award as prayed for?
- To what other relief/reliefs the complainant may get?
Decision with reasons.
Point Nos. 1 to 5.
All the points are taken up together for sake of convenience.
The instant complainant is for rectification of excessive bills for the months of July, August and September, 2014.
To justify the claim the complainant has filed the relevant documents including the meter card showing the relevant readings and electric bills, money receipts of bills.
Heard respective arguments of Ld. Lawyers for both parties.
Considering the undisputed paid bill and argument advanced by the Ld. Lawyer for both sides we find that the complainant is entitled to get the slab benefit for the disputed bills for the months of July’14 to September’14 whose reading is 3417 units only which undisputed 239 units have already been paid and the same be deducted from 3417 units. After deduction the concerned units for slab benefit is (3417 _ 239) = 3178 and the slab benefit is for 24 months outstanding dues.
If there is any other payment by the complainant, the same is to be adjusted from the dues but will not get any slab benefit.
Considering the above discussions, we find that all points are disposed of on contest in favour of the complainant in part and as such the complaint be allowed in part on contest.
Hence,
Ordered
That the Consumer Complaint No. 122/2014 be and the same is allowed on contest. The complainant will get slab benefit of (3417 _ 239) = 3178 units for 24 months and if there is any payment by the complainant during that period, the same is to be adjusted from the dues but will not get any slab benefit.
The OP-WBSEDCL is directed to issue fresh bill for 3178 units for 24 months after giving slab benefit in favour of the complainant within 15 days from the date of the receipt of the order.
The complainant is directed to pay the said arrear bills by two monthly installments along with the current bills.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under registered post with A/D to the concerned parties as per rules, for information and necessary action.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad
